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New Alcohol Management Plan for Winery Salesrooms/Outlets

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New Alcohol Management Plan for Winery Salesrooms/Outlets STATE OF NEW JERSEY CHRIS CHRISTIE OFFICE OF THE ATTORNEY GENERAL CHRISTOPHER S. PORRINO Governor DEPARTMENT OF LAW AND PUBLIC SAFETY Acting Attorney General DIVISION OF ALCOHOLIC BEVERAGE CONTROL P.O. BOX 087 KIM GUADAGNO TRENTON, NJ 08625-0087 Lt. Governor PHONE: (609) 984-2830 FAX: (609) 633-6078 JONATHAN A. ORSEN WWW.NJ.GOV/OAG/ABC Acting Director TO: All Winery Licensees RE: New procedure for issuing Temporary Permits for Outlet/Salesroom DATE: June 22, 2016 The Division of Alcoholic Beverage Control, in coordination with the New Jersey Winegrowers Association, is implementing a new and streamlined application process for Outlet/Salesrooms. Wineries that opt to accept the Temporary Authorization Permit (TAP) prior to a site inspection being conducted by the Division, may utilize the following procedure, revised June 22, 2016. Below is the listing of the requirements to apply for this permit. Please do not amend/alter these affidavit templates in any way. If you revise the Alcohol Management Agreement to fit your needs, you must bring it to our attention immediately. Please submit the following documents to Executive Assistant, Rosemary Bonney: Completed Outlet/Salesroom Permit Application Sketch of premise depicted areas to be used for storage, display, and points of sale (POS). Copy of Mayoral letter issued by the applicant Completed affidavit Copy of executed lease/management agreement Affidavit of Publication The affidavit template, publication template and sample mayoral letter documents are attached to this notice. Online applications are now available for the Outlet/Salesroom. Outlet/Salesrooms are now being treated as a Permit and will be renewable at the same time as your license. We encourage you to utilize the online system. Thanks to everyone for your cooperation and patience!!! 140 East Front Street, P.O. Box 087, Trenton, New Jersey 08625-0087 New Jersey Is An Equal Opportunity Employer • Printed on Recycled Paper and Recyclable STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY ONLINE APPLICATION DIVISION OF ALCOHOLIC BEVERAGE CONTROL SUBMISSION P.O. BOX 087, 140 EAST FRONT STREET TRENTON, NJ 08625‐0087 How to Apply for a Winery Salesroom/ Outlet Online Under N.J.S.A. 33:1‐10(2)(a), 33:1‐10(2)(b), 33:1‐10(2)(c) Plenary, Farm, and Out‐of‐State wineries licensed with the State of New Jersey have the privilege of operating an additional winery out/salesroom at a non‐licensed premise in New Jersey. The application can now be submitted via the Online Licensing System. NOTE: Many wineries have already registered to be a user to complete their renewal for the 2015‐2016 license term, therefore you can log into the online licensing system and begin. To log in to the online licensing system following this link: https://abc.lps.nj.gov/ABCPublic/Login.aspx For licensees who have not registered the above link has a video tutorial on how to register and associate you existing licenses. Once you have successfully logged into the system: 1. Apply for a new Permit: 2. Select the correct permit type for your license from the drop down: 3. Follow the instructions to apply for the permit, there will be a question and answer section, the system will prompt you to upload certain required documents, and finally to submit and pay for the permit itself. Contact the Division with any further questions. Please do not hesitate to disclose any issues that may be experienced with the system. Main Line: (609) 984‐2830 Thank you in advance for your patience as we move forward with the Division’s New Online Licensing System. Alcohol Management Plan for Retail Outlets Prepared by: Garden State Wine Growers Association Effective Date: June 22, 2016 1 Alcohol Management Plan for Retail Outlets The New Jersey Alcoholic Beverage Control Act provides that holders of plenary winery licenses and farm winery licenses may operate retail outlets within the State of New Jersey. See N.J.S.A. 33:1-10(2)(a) and 33:1-10(2)(b). These retail salesrooms are commonly referred to as "outlets" by members· of the regulated community (hereinafter “Outlets”). The Garden State Wine Growers Association is a membership organization of the New Jersey wine industry, which includes among its members licensees that operate Outlets throughout the State (referred to herein as "Licensees" or "Winery Licensees"). A number of members operate Outlets at BYOB restaurants in the- State of New Jersey. The State Division of Alcoholic Beverage Control ("ABC") has recommended that operators of Outlets adopt an alcohol management plan to standardize the operations of salesrooms located within this State, with a particular focus of creating standards to formalize the business relationship between wineries and owners (hereinafter “Store Owners”) of the restaurants or retail stores (hereinafter “Stores”) in which Outlets are located. After consultation with ABC representatives, the Association has developed the following Amended Alcohol Management Plan to govern the operation of all Outlets. All members of the Association agree to follow the standards set forth herein, and understand that the failure to do so shall result in the immediate closure of the non- compliant Outlet. 2 1. Lease Agreement: The Licensee must enter into a lease agreement (“Lease Agreement”) with the Store Owner, and for storefront outlets, with the landlord, if any. The Lease Agreement shall outline the parties' rights and obligations, as well as the payment of rent for use of the premises for the Outlet and any restocking fee to be paid by Licensee. All payments to be made by Licensee to the Store Owner must be specified in the Lease Agreement. The term of each Lease Agreement shall correspond with the expiration date of the license of the Licensee; however, the Lease Agreement may include certain renewal and/or option rights that are triggered upon the renewal of the winery license. A copy of all Lease Agreements shall be provided to the ABC upon execution, and are subject to ABC approval. All L ease Agreements with Store Owners must include a provision that provides that the Store Owner is subject to the control and direction of the Licensee in connection with the operation of the Outlet. All Lease Agreements with Store Owners must include provision that provides that all alcohol sales activity is under the control and direction of the Licensee in connection with the operation of the Outlet. ·The termination clause in any such Lease Agreement must provide that noncompliance with the terms and standards set forth in this Alcohol Management Plan shall result in the termination of the Lease Agreement unless the deficiency is cured within a reasonable amount of time. A sample Lease Agreement is attached hereto as Exhibit A. 2. Retail Outlet Premises: Each Lease Agreement shall attach a map of the outlet premises ("Leased Premises"), specifically identifying the area 3 which will be used for storage, sale, display and delivery of the wine. This map should also reflect all entrances and exits at the Store in which the Outlet is located, and all best efforts should be made to avoid storing or selling wine near the Store's entrances and exits. Also, the Lease Agreement shall include a narrative to describe the leased area reserved for the sale of wine, a description regarding the storage location, the area from which the wine will be sold and where it will be consumed. The narrative should also explain how the wine will remain secured on the premises in accordance with the Security Plan discussed herein. In the case of Outlets located at restaurants, to the extent possible, all wine shall be stored in one location at the restaurant and displays shall be empty bottles or bottles filled with non-alcoholic liquid. In non-restaurant outlets, wine may be displayed and maintained in a discrete area designated exclusively for the display and sales of wine, such as a wine rack or shelving, which may be accessible to the customer seeking to purchase the wine. All proposed locations for sale or storage are subject to ABC review and approval at the time of application or any amendments thereto. 3. Authorized Persons: Only authorized persons are permitted to sell wine at the Outlets, and must undergo training of the rules and regulations applicable to the operation of Outlet prior to being authorized to sell wine at the Outlet. All authorized persons shall execute a certification that indicates, in connection of the sale of wine at the Outlet, they are under the direction and control of the Licensee (Exhibit B). In the case of retail outlets operating at Stores, the Licensee and Store Owner acknowledge that all reasonable and diligent efforts will be made to limit the 4 amount of employees that will be authorized to provide services on behalf of both the Store and the Outlet so to promote adequate training of such personnel, and to provide direct supervision and accountability of all authorized personnel. The Outlet must be adequately staffed on a daily basis to ensure that the outlet is operated in compliance with the standards set forth in this Alcohol Management Plan. The Licensee is responsible, however, for maintaining an up-to-date E-141 form on the premises of the Outlet. (Exhibit C). The Licensee may pay the Store Owner a restocking fee (“Restocking Fee”) in order to compensate Store Owner for services performed on behalf of the Licensee. The Restocking Fee shall be set forth in the Lease Agreement and shall be a fixed amount per 750 milliliters of wine delivered to the Outlet. The Restocking Fee shall be paid to Store Owner upon delivery and shall be paid irrespective of whether that wine is eventually sold by Outlet.
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